Eviction in Michigan: Its impact and the reasons and legal ...

Eviction in Michigan: Its impact and the reasons and

legal process for itSHC NAVIGATOR WEBINAR SERIES

APRIL 24, 2019

Factors contributing to evictionsLack of decent affordable housing

Diminishing supply (aging housing stock, limited development of low-moderate income rental housing)

Rising rents

Lack of income

Discrimination

Lease violation (e.g., nonpayment of rent, criminal activity)

Illegal evictions

NLIHC – Out of Reach – the “housing wage”

Types of evictionSelf-help/DIY

Move-out after notice or threat of eviction

Court eviction process

Self-help/DIY evictionsGeneral policy – Self-help evictions are not permitted under MI law

◦ MCL 600.2918 (anti-lockout statute)

◦ Deroshia v. Union Terminal Piers, 151 Mich App 715 (1986) (the statute “prevent[s] parties from taking the law into their own hands in circumstances which are likely to result in a breach of peace. The landlord is not permitted to be the judge of his own rights in the adversely held property, but must use the judicial remedy given by law to secure it.” at 719.

◦ 2014 amendment to MCL 600.2918 allows self-help evictions when an “occupant took possession by means of a forcible entry, hold possession by force, or came into possession by trespass without color of title or other possessory interest.” MCL 600.2918(5)

Move out after notice or threat of eviction

Judicial evictions – summary proceedingsMCL 600.5701; MCR 4.201 – actions (in state district court) to recover possession of property

“causes of action” to recover possession of property (and their notice requirements):

◦ nonpayment of rent (7 day notice/demand for possession for nonpayment of rent);

◦ illegal drug activity on the leased premises (1 day demand for possession pursuant to a lease clause providing for termination of the lease under this grounds; also requires police report);

◦ termination of a lease pursuant to a power to terminate provision in the lease (lease must state notice requirement, see Erickson v. Bay City Glass Co, 6 Mich App 260, 265 (1967);

Eviction “causes of action” (cont.)termination of tenancy after the expiration of a fixed term lease;

termination of tenancy after service of a notice to quit, to terminate an “at will” tenancy, usually “month to month” (notice equal to rent payment interval, which is ordinarily 1 month, MCL 554.134(1);

willfully or negligently causing a serious and continuing health hazard, or extensive and continuing injury to the premises, after an opportunity to cure (7 day demand for possession or “to substantially restore or repair the premises”);

causing or threatening physical injury to a person (7 day notice to quit for termination of the lease; police department notification required);

taking possession by means of a forcible entry;

Eviction “causes of action” (cont.)holding possession by force after a peaceable entry;

coming into possession by trespass without color of tile or other possessory interest (may require notice under trespass statute, MCL 750.552; also, complaint must describe conditions of possession, MCR 4.201(B)(2)(e);

holding possession after expiration of the redemption period following a mortgage foreclosure or execution sale of the premises;

holding possession of premises lawfully sold and conveyed by a personal representative;

just cause termination of a tenancy in a mobile home park, the requirements for which are stated in MCL 600.5775-5783 (Chapter 57a) (for notice requirements, see MCL 600.5775 and .5777).

Steps in the judicial eviction process

◦ Notice (if required, it’s “jurisdictional” and so is “strict compliance”)

◦ Complaint (filed at Court, using SCAO forms)

◦ Hearing/trial (landlord has “burden of proof”)

◦ Decision/judgment

◦ Post-judgment motion/appeal

◦ Issuance/execution of eviction order

Defenses to eviction complaintsPayment

◦ Repair and deduct

◦ Rent withholding

No rent owed◦ Breach of statutory repair “covenants”, MCL 554.139

◦ Breach of “housing law of Michigan”, MCL 554.471, .536

Unreasonable late fees

Michigan Consumer Protection Act (MCPA) violation

Defenses to eviction complaints (cont.)Denial (of alleged lease violation, other grounds)

Subsidized housing (specific notice and “good cause” requirement)

Manufactured housing (in park) – “just cause” requirement

Retaliatory eviction/rent increase

Fair housing discrimination, incl reasonable accommodation

Defenses to eviction complaints (cont.)Improper party (Plaintiff not “entitled to possession”)

Protecting Tenants at Foreclosure Act◦ Bona fide tenancy

◦ 90 days notice or remainder of lease term

Laches

Equity

Evictions – MLH resources forToolkits

DIY answers and motions

Articles

Legal Services contact info